The Sovereign Power of Parliaments and Kingdoms, Appendix · Subpart 7
Scotland.
WHat soveraigne power and jurisdiction the Realme, Parliaments and Nobles of Scotland have claimed and exercised over their Kings, (who, saith Bu…anan, can neither make Laws, Warre, Peace, nor conclude of any great affairs of the Realm without a Parliament, which hath there, and in Hungary, Poland, Denmarke, Swethland, been oft-times summoned, not onelyonly without, but against their Kings consents;) and how frequently they have questioned, imprisoned, censured, deposed, yea judicially sentenced their Kings for their tyrannies, oppressions, whoredoms, murders, rapines, and evill administrations, you may reade at large in George Bucanan (King Iames his owne Tutor) in his Booke, De Iure Regni apud Scotos, and his*p. 100, 234, 257 292, 334, 691, 704, 756, 747, 748. Rerum Scoticarum Historia. Where this their Soveraigne power is so largely vindicated, debated, demonstrated, and the chiefe objections against it cleared so abundantly, that I shall not adde one syllable to it, but present you with some Historicall examples which confirme it.
*See 10. Maior hist. Buchanan. Rerum Scot. l. 4. p. 100, 101. Hector Boetius ae Rebus Scoticis Fordon. his Scoti. chrocicon, Polychronicon & Fabian; Mattheus Westminster. Holinsheds history of Scotland.Fergusius the first King of Scotland dying, and leaving two sons infants, unable to governe the Realme; the Scots thereupon considering what dangers might befall them both at home and abroad, during their infancy; at last concluded after much debate; and setled this for a standing law; that when any King died leaving his son under age and unfit to governe, the next of their kinred, who should be esteemed fittest to raigne, should enjoy the soveraigne power; and that he being dead, then the succession of the Crowne should returne to the children of the deceased King, being of age to rule; which Law continued constantly for many hundred yeeres, untill the reigne of Kenreth the third. By this Law Feritharis brother to Fergusius abtained the Crowne and reigned fifteene yeeres with much justice and modesty; after which his Nephew Ferleg desiring to raigne, demanded his Fathers Kingdome of his Uncle, who being willing to resigne it to him, called an assembly of the estates, made an Oration in praise of Ferleg, profered to resigne the Crowne unto him. But such was all the assemblies love to Feritharis and hatred to Ferleg for this his preposterous affectation of the Crowne, that they detested the act, and denied the motion both with frownes and verball reprehentions: Whereupon Ferleg conspired his Uncles death, which being discovered, they thought him worthy of death; but for Fergusius his fathers sake, his life was spared, and he onelyonly imprisoned; after which making an escape he fled first to the Pi…ts, then to the Britons, and in the meane time Feritharis dying, by the treachery of Ferleg as was suspected, Ferleg by the unanimus sentence of all was condemned and put from his Crowne, being absent, and his brother Mainus created King.hBuchanan. l. 4. p. 101, 102, 103, 104, 105▪ Dornadilla the fourth King of Scotland dying, leaving Reuther his sonne under age and unfit to raigne, the people made Notatus his brother King; who playing the tyrant, banishing, murthering, and opp…essing the people, Donald of Galloway raised an Army against him, expostulated with him for his tyranny, and wished him to resigne the Crown to Reuther; which he refusing to do, any justifying his tyranny; hereupon Donald gave him batte…l, slew him, and made Reuther King without the peoples suffrages: Upon which the Nobles being offended, (because the power of the Parliament was by this meanes abolished, and the election of the supreame Magistrate made onelyonly by one man,) tooke up Armes both against Ruther and Donald, gave them battell twice in one day, and tooke Ruther their new King prisoner: who afterwards dying and leaving There his sonne an infant, scarce ten yeeres old, they, according to the Law formerly made and received in this case, made his unkle Ruther King; who after seventeene yeeres reigne voluntarily resigned his Crowne to his Nephew There, in whose commendation he made an Oration, the people hardly permitting it. There soone after growing very vitious and flagitious, slaying the Nooles, and filling the Realme with robberies, the Governours pi…tying the deplorable state of the Realme, resolved to punish him for it; of which he being informed, fled to the Brittains, where he spent his daies in contempt and ignominy, not daring to returne; Conan a prudent and discreet man, being elected Viceroy in the meane time, which office he held almost twelve yeeres till the death of There. In the reigne of Finnan the tenth King of Scotland, that the roots of tyranny might be cut off, it was decreed, That Kings should command nothing of greater moment to be done, but by the authority of the publique Councell. Durstus the eleventh King, giving himselfe to all deboistnesse, first banished his fathers friends from him as the troublesome reprehenders of his pleasures; and sending for the most vitious young men to be his familiar companions, gave himselfe wholly to luxury and venery. He prostituted his wife, (daughter to the King of Britains) to his companions, and then banished her. At last the Nobles conspiring against him, he awaking as it were cut out of sleepe, considering that he should finde no place of safety, neither at home nor abroad, being equally hated of strangers and subjects, thought best to counterfeit repentance of his former li…e,Notable Dissimulation. for so he might retaine both his Crowne, and in time inflict punishments on his enemies. Wherefore recalling his wife from exile, he first of all endeavoured to reconcile him selfe to the Britains: then calling the chiefest of his subjects to him, he ratified with a most solemne oath the oblivion of his former courses; he committed every most wicked person to prison, as if he reserved them for punishment, and religiously promised, that he would doe nothing hereafter, but by the advice of his Nobles. When by these things he had given assurance of his sincere mind, he celebrated the agreement with pastimes, banquets, and other signes of publique gladnesse: and now all mens minds being taken up with joy, he called most of the Nobility to a supper; where, when he had shut them up (improvident and unarmed) in one roome, sending in his assasinates, he slew them every one. This calamity not so much terrifying as exasperating the minds of the rest with new flames of anger, they gathered a great army together, all men conspiring to take away this detested monster; whom they slew in battell, together with his wicked confederates. After whose slaughter, the Nobles putting by Durstus sonnes, lest they should imitate their fathers vices, elected his brother Even King with unanimous consent; who hating Durstus his tyranny had voluntarily banished himselfe among the Picts. Even dying, leaving a bastard sonne called Gillo, he procured himselfe to be elected Viceroy till a new King should be chosen, and got the Kingdome confirmed to him; but yet not deeming himselfe secure as long as any of Durstus his family remained, he treacherously slew Durstus his two eldest sonnes, with all his kindred and familiars: With which the Nobles being much discontented, and fearing worser things, privily raised an Army against him; who finding himself generally deserted but by a few flagicious persons, who feared punishment, He was forced to flie in a Fisherboat into Ireland: whereupon the Scots created Cadvallus their Vice-roy, and after that created Even their King, who conquering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off.
*Buchan. l. 4. p. 109, 110, 111, 113, 114, 115, 116. Graf…on, part 6 p. 70, 71, part. 7. p. 80, 81, 82, 84, 86, 87, 90.King Even the third, not content with an hundred Concubines of the Nobility, made a Law, That it should be lawfull for every one to marry as many Wives as he could keepe; and that the King should have the mayd…n-head of Noble women, and the Nobles of the Plebeans before they were married; and that the common peoples Wives should be common for the Nobles. Be…ides, luxury, cruelty and avarice were the companions of this his flagitious life; he murthering the rich to get their wealth, and favouring thee…es to share in their robberies: whereupon the Nobles and people conspiring against him and taking up Armes, he discerned how unfaithfull the society of ill men is; for being deserted by his party as soone as the battell began, he c…me alive into his enemies hands: and was committed t… pe…petuall prison, his life being spared by the intercession of Cad…lan, who was made Vice-roy in his stead; but sonne after he was strangled in the prison by one whom he had formerly injured. King Corbreds sonne being within age at his death, the Assembly of the States made Dardan King, who within three yeeres space …ushing into all kind of vices, bannished all prudent and honest men out of hi… Court, kept none but flatterers about him, slew Cardorus, and divers others vertuous men who advertised him of his faults; and to take away the feare of succession, plotted the death of Corbred, Galdus, and others: whereupon the Nobles and people by unanimous consent rose up against him, slew his evill instruments, routed his Forces, tooke him prisoner, whilst he was about to murder himselfe, cut off his head (which they carried about for a laughing-stocke) and threw his corps into a jakes, after he had raigned foure yeeres. Luctacke the 22 King of Scots, giving himselfe wholly to Wine and Harlots, sparing the chastity of none though never so neere allied to him, nor their husbands never so great, deflowring his owne Sisters, Aunts, Daughters, joyning inhumane cruelty and insatiable avarice to his lust, and depraving the youth of the Country corrupted by his example, when as no man du…st resist him; was at last convented before an Assembly of the chiefe men; where being more freely reprehended for those crimes, he commanded the chiefe of them to be drawne away to punishment, as seditious, calling them old doting fooles. Whereupon the people assembling together, …lew both him and the instruments of his wickednesses, when he had scarce reigned three yeeres space. Mogaldus was elected King in his place, who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reigne; yet fell at last unto them in his old age, and grew … by his vices, to the Nobles and common people, that they weary of him, rose up against him; he being unable to resist them, wandred up & down with one or two Compani…ns, in secret places, seeking to escape by flight; but was at last taken and slaine. Conarus his sonne and successor giving himselfe to all manner of luxurie, and lust, brought the Realme in short time to great penury; giving Lands and riches to most vile and naughty persons, because they favoured his corrupt living, and invented new exactions upon his people. Whereupon summoning a Parliament, he demanded a Tribute of them to support his State and Court in Honour; who taking time to deliberate, and understanding at last, that this his hunting after money proceeded not from his Nobles, but from the inventions of Court-flatterers, they resolved to commit the King toward, as unfit to governe, untill he renouncing the Crowne, they should elect another King. Whereupon the next day, he who was first demanded his opinion, Declaimed sharply against the Kings former life, his bauds and companions, as unprofi…able in warre, troublesome in peace, full of shame and disgrace: shewed, that the Kings revenues were sufficient to maintain him if he lived within compasse; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony; and that the King in the meane time should be committed to custody, as unfit to rule, till they elected another, who might teach others by his example to live sparingly and hardly, after their Countrey custome, and might transmit the discipline received from their ancestors to posterity. With which fre… speech he growing very angry, instead of pacifying their discontented minds, inflamed them more with his cruell threatnings; whereupon the King being laid hands on by those who stood next him was shut up in a Hall with a few attendants: his Courtiers, the authors of ill counsell were presently brought to punishment, and Argarus a Nobleman made Vice-roy till the people should meet to elect a new King; after which Conare spent with g…iefe and sicknesse, died in prison. King Ethodius his sonne being an infant his brother T…trasell was chosen King, who murthering his nephew, cutting off divers of the Nobles, and spoyling the common people, to establish the Kingdome in himselfe, he grew so odious and so much d…minished his authority in a short time, that he stirred up divers seditions; which he not daring to goe abroad to suppresse, being generally hated, was at last strangled by his own followers in the night, in his own House. Ethodius the 2. being a stupid man, and of a duller wit then was suitable to the government of so fierce a people, the Nobles hereupon assembling together out of their respect to the family of Fergusius, would not wholy deprive him of the name of a King, though he were slothfull being guilty of no crime, but assigned Him governours to execute Justice in every County: at last he was slain in a tumult of his familiars. King Athirco his sonne degenerating from his former vertues, and growing extreamely covetous, angry, luxurious, sloathfull, and leaving the company of all good men, was not ashamed to goe openly in the sight of the people playing upon a Flute, and rejoycing more to be a Fidler, then a Prince; whereby he became very odious to the people: at last ravishing the daughters of Nathalocus a Noble man, and then whipping and prostiruting them to his lewd companions lusts; thereupon the Nobles rising up in Armes against him, when he had in vain endeavoured to defend himself by force, being generally deserted by his own people, who hated him for his wickedn…ss… he murthered himself, and his brother Donus was enforced to flie with his little ones to the …icts to save his life. Nathalicke succeeded in his Realme, governing it ill by indigent ordinary persons, who would attempt any wickednesse, and treachero…sly strangling divers of the Nobility, who were opposites to him, in the prison to which he commit…ed them, to establish his Kingdome; thereupon their friends with others, being more enraged against him, raised an Army to suppresse him; which whiles he endeavoured to resist, he was slain by one of his own servants, or as some say, by a Sorceresse with whom he consulted to know his end. King Findocke being treacherously slain through the conspiracy of Car…tius his second brother, Donald his third brother was elected King. Donald of the Isles, usurping the Realme by violence, so farre oppressed the people by …ll officers and discords raised amongst them, that he durst seldome stirre abroad; he never laughed but when he heard of the discord and slaughter of his Nobles: for which he was at last surprised and slaine by Crathilinthus, who was unanimously elected King, and …lew all this tyrants children. After the death of Fircormarch there were great divisions and warres for the Crowne between Romach and Angusian, two brethren; Ramach at last conquering his brother and chasing him into Ireland, gained the Crown rather by force, then love of the people; which to preserve, he shewed himselfe very cruell to the adverse party, reduced capitall causes to his owne at bitrement, and putting many to death, strucke a generall feare in all good men: Upon thi… he grew so generally odious to all estates, that they conspired against, and suppressed him before he could collect his Forces; and cutting off his head, carried it about on a Poll, as a joyfull spectacle to the people.
kBuch. l▪ 5. p. 146. 147. 156. 160. 171▪ Graft▪ part. 7 p. 94. 125.Constantine the first, of Scotland, as soone as he obtained the Crowne, loosed the reines to all Vices: he was cruell and covetous towards his Nobles, kept company with men of the basest Ranke; gave himselfe onelyonly to the rapes of maides, matrons, and immoderate feasts, having fidlers, Stage-players, and ministers of all sorts of pleasures almost about him: with which vices the Nobles of Scotland being offended, admonished him of his duty. But he proudly centemning them, wished them to looke after other matters, saying, he had councell enough from others, and that they should lay aside their false hope, that they could reclaime the King by their Councell. On the contrary he was of so poore a dejected Spirit towards his enemies, that he not onelyonly granted them peace, but remitted them injuries, and restored them Castles as soone as they demanded them. Which caused the Picts and Scots to consult together to depose him by force of Armes; from which Douglasse disswaded them for the present, by reason of their forraigne wars with the Britans and Saxons: In the end, he was slaine for ravishing a Noblemans daughter in the 15. yeare of his Raigne. King Goran was slaine by the people for favouring Tow…er chiefe Inquisitor or judge of capitall causes, who much oppressed the people; his children being young, Hugonius succeeded to the Crown; and afterwards his brothers Congalus and Kumatel, after whom Ardan the sonne of King Goran reigned. Ferquhard the 52. King of Scots a craftie man, desiring to turne the Kingdome into a tyrannie, nourished great divisions among the Nobles; but they discovering his malice privilyenter into an accord among themselves, and calling a Parliament, sommoned him thereunto: who refusing to appeare, keeping within his Castle; they thereupon tooke it by force, and brought him to judgement against his will; where many and grievous crimes, among others, his cruelty and negligence in the affaires of the Common-wealth; the Pelagian Heresie, with contempt of Baptisme, and the other Sacraments, were objected against him; of none whereof he being able sufficiently to purge himselfe, was cast into prison; where, out of shame and sorrow, he slew himselfe. Ferquhard the second, a man polluted with all kinde of wickednesse, an unsatiable desirer of wine and money, inhumanely cruell towards men, and impious towards God, when he had every where vexed others with cruelty and rapines at last turned his fury against his owne, slaying his owne wife, and ravishing his owne daughters: for which wickednesses he was excommunicated: but the Nobles willing to assemble together to punish him,Gra…ton par… 7. p. 125. 126. 130. 131. Buch. l. 5. p. 162. 163. 165. l. 6 p. 173. 175 176. 183. 184. 186. 187. 188. 189. 196. 197 198. &c. 200. 201. were diswaded by holy Bishop Colman, who told the King openly, that some Devine judgement would shortly seize upon him, which …ell out accordingly, for falling into a Feaver, and not abstaining from his intemperance, he was eaten up of lice. Maldwin 55. King of Scotland was strangled by his Queen, for suspition of Adultery with an Harlot; for which fact she her selfe was burned 4 dayes after. Amberkelethus a vicious wicked king, was slain by one of his own men, with an arrow in the night, when he was marching against the Picts; whereupon, lest the Army should be dissolved or left without a Generall, Eugenius the 7th was presently chosen King in the Tents: who making peace with the Picts, his wife being slaine in his bed by two conspirators who sought his life, the king being suspected of this murther was thereupon imprisoned; but before his triall set at liberty, by the apprehension of the Murtherers. King Eug…nius the 8th, rushing into all Vices, and neither regarding the admonitions of his Nobles or Clergie, was for his filthy lusts, covetousnesse, and cruelty, slaine in the assembly of his Lords by their generall consent, and his companions in wickednesse and villany hanged, which was a gratefull spectacle to the people. Fergusius the third succeeded him both in his Crowne and Vices; he was a foule drunken glutton, and so outragiously given to Harlots, that he neglected his owne wife, and brought her to such poverty, that she was forced to serve other Noble women for her living; wherefore to expiate this disgrace, she murthered him in his bed, and afterwards slew her selfe also. Donald the 70 King of Scotland, gave himselfe wholy to his pleasures, keeping none but Hunters, Hawkers, and inventors of new lusts about him, on whom he spent the revenues of the Realme, by which he corrupted the youth of the kingdome: which the ancients of the Realme discerning, assembled and went to the King, admonishing him of his duty; which he notwithstanding neglected, till the wars roused him up. Which being ended, he returned to his pristine courses; Whereupon the Nobles fearing, lest this filthy and sloathfull man, who would neither be amended by the councels of his friends, nor calamities of his people, should lose the remainder of the Kingdome which was left, cast him into prison; where for griefe of his inhibited pleasures, or feare of publike shame, he layd violent hands upon himselfe. Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes; after which he was slaine in battle by the Danes. King Ethus his brother and successor polluting himselfe with all vices, and drawing all the youth of the Country (prone to wickednesse) with him, he was thereupon seised on by the Nobles; who making a long Oration to the people, wherein they related the wickednesses of his whole life, he was forced to renounce his right in the kingdome, and dyed in prison of griefe, within three days after, Gregory being made King in his stead. Constantin… the third turning Monke, Malchombe was elected king, who was slaine by the conspiracie of theeves; whose sonne Duffus being an infant, Indulfus enjoyed the Crowne; to whom Duffus succeeding, was murthered by Donald: whereupon a Parliament was assembled to chuse a new King, which elected Culenus: who at last degenerating into all licentiousnesse, ravished Virgins, Nunnes, yea his owne sisters and daughters, and set up a kinde of publicke stewes. For which being reprehended by the Nobles, he excused part by reason of his youth, part by reason of …eare, and acknowledgeing his sorrow for the residue, promised amendment. But he not reforming upon their adm…nitions, they departed from Court, that they might neither be witnesses no… partakers of his vices: The king freed of their troublesome company gave himselfe wholy to fea…ing and venery, spending nights and dayes in dishonest sports and pleasures with his dissolute companions; and to maintaine his luxurie, he pillaged and oppressed his Subjects, especially those who were rich; and by his disorders fell into a grievous sicknesse, which made him a deformed carcasse, fit for nothing but to suffer the penalties of his vitious life, his Courtiers and companions spoyling the people every where in the meane time. Whereupon the N…les were enforced to summon a Parliament at Scone, where the king was commanded to be present, that together with the rest he might consult how to provide for the publicke safety in this precipitate State of things: with which …ommons being awaked, he began to consult with his companions, what was best to be done for his owne …afety in these exigen…s: being unable to resist or flee, he resolved to goe to the Parliament, hoping to finde some mercy there for his good fathers sake, to preserve him from falling into extreame misery▪ but in his way thither he was slaine by the Thane of the Country for his violent ravishment of his daughter; his death was acceptable to all, because it freed them of such a monster with lesse labour then they expected: and Kenneth the third was made King in his place: who poysoning his Nephew Malcolme, heire to the crown after his decease, to settle it on his own posteritie, he caused the Lords in Parliament to repeale the ancient Law wherby the Crown discended to the next of kin during the minority of the right heire; and to enact, that the sonne should … thenceforth inherite the crowne next after his father, through a Minor; that the Realme during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 yeeres of age; and after that by a Gardian elected by himselfe; that if the Kings eldest sonne dyed having issue, the issue should inherit, before the second brother, &c. After which, the King generally hated for the poysoning of Malcolme, was slaine by the practise and command of Fenella. He thus cut off Const…ntine surnamed the bald, sonne of Culen, pretending the new Law concerning the discent of the Crowne to be unjust, obtained by force, and contrary both to the publicke liberty and safety; to wit, that an in…ant (commonly governed by a woman) being unable to governe, or repulse an enemy in times of danger, yea a curse of God upon a Realme, and therefore not to be endured or setled by a Law, especially in those time of warre, when they had so many enemies) should be preferred before a Kinsman of full age, fit to raigne; so ambitiously sought the Crowne and made so many friends, that he procured himselfe to be proclaimed King at Scone; which Malcolme sonne of Kenneth (for whose sake this new Law was enacted) understanding, presently raised all the Forces he could, which being conducted by his brother Kenneth, Constantine and he in the second encounter were both slaine one of another. After whose death Grame the sonne of Duffus usurping the Crowne, when he and Malcolme were ready to encounter with their Armes, this agreement was made betweene them by Forthred a Bishop, that Grame should retaine the Kingdome, and the new Law of succession be suspended during his life; and Malcolme succeede him after his death. After which Grame giving himselfe to all dissolutenesse, covetousnesse and oppression, and warring upon those Nobles and Councellors, who advised him to reforme his evill courses, with greater cruelty than any forraigne enemie, destroying both men, townes, cattle, fields, and making all a common prey; hereupon they called in Malcolme out of Northumberland to assist them, who encountring Grame, on Ascention day, tooke him prisoner, being deserted of his people, wounded in the head, and then put out his eyes; who soone after dying of sorrow and his wounds; Malcholme thereupon summoned a Parliament at Scone, and would not take the Crown till the Law concerning the succession made in his fathers raigne, was ratified by all their conse…ts: against which Law Buchanan exceedingly inveighs in the beginning of his seventh Booke, as the occasion and increase of all those mischiefes both to King and Kingdome, which it was purposely made to prevent. This Malcolme, after he had raigned long victoriously with much honour, in his declining age, growing very covetous, tooke away the lands he had formerly given to his Nobles for their good service in the wars, and punished divers of the wealthiest men so severely, that he brought many of them to death, others to extreame poverty; which injuries lost him all his love, honour, and so farre exasperated the people▪ that partly out of revenge, partly to prevent further oppressions and to provide for their owne securitie, corrupting his servants with money, they seat their agents into his chamber in the night, and slew him. Not to mention the murther of KingmBuch. l. 7. p. 213. to 230. Duncan by Machbed, who usurped his Crowne through his pusillanimity; this Machbed, omitting no kind of libidinousnesse,Heylins Geogr p. 507. 508. cruelty, and tyrannizing over the people for 18 yeares soac… together, trusting to the predictions of certaine wisards, that he should neve… be overcome till Bernane wood did come to Dunsinane Castle, and that he should never be slaine by any man borne of a woman. At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keepe them from discovery, tooke Dunsinane Castle by scalado: whence Machbed escaping was pursued, overtaken, and urged to …ight …p Mackduffe, to whom the Tyrant replyed in scorne, that in vaine hee attempted his death, for it was his destinie never to be slaine by any man borne of a woman: Now then said Mackduffe, is thy fatall houre come, for I never was borne of a woman, but violently cut out of my mothers wombe, she dying before I was borne; which words so daunted the Tyrant, though otherwise valiant, that he was easily slaine, and Malcolme Conmer the true heire of the Crowne, seated in the Throne. King Donald being odious and cruell to his subjects, they sent for Duncan Malcombes bastard, who expelled him the Realme, and was created King in his steed; who proving harsh, cruell, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earle of Murry, corrupted with money by Donald to murther him. Donald permitting the Isles to be taken and possessed by Magnus King of Norway, and suffering his Realme to be wasted by a secret agreement; thereupon the Scots sent for Edgar Malcombes sonne, to take possession of the Crowne, who entring into Scotland with small forces, Donald being deserted by his people, betooke himselfe to flight, but being apprehended and brought backe to Edgar, he was cast into prison, and not long after dyed. King Malcolm▪ the fourth, at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred, that upon his returne they beseiged him at Barwick, and almost tooke him prisoner, but by the mediation of some of his Councell, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimony of the Crowne land, they resolved to recover it by war: the Scottish Nobility affirming, that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament. This King after some encounters making a peace with the English upon unequall termes, wherin he parted with some of his ancient territories, out of his pusilanimity, against his Nobles consent; hereupon he grew so odious and contemptible to them, that they were all weary of his government, and caused many to take up Armes and Rebell against him.
nBu…h. l. 8. p. 250. Wal…ing. Mat. Westm. Fabian Holin. Speed, Graft. Daniel in the life of K. Edw. the 1. Wal…ingham Ypodigma p. 79.After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King; and the government of the Realme, during the Inter-regnum… where first of all they appointed six men to rule the Realme for the present, and then heard and discussed the severall Titles pretended to the Crowne, the finall determination whereof, they referred to King Edward the first of England▪ as to the Supreame Soveraigne Lord of the Realme: who selecting 12. S…ottish, and 12. English Councellors to assist him; After full hearing, by generall consent of all, adjudged the Crown to Iohn Baylioll, husband to King Alexanders …ighest Kinswoman: The Scots considering his simplicity and unaptnes to governe them, and scarce confiding in him being an Englishman, and elected by the K. of England, cōstituted them 12. Peers, after the manner of France, to wit, 4. Bishops, 4. Earles, and 4. Lords, by whose advise the King and all the affaires of the Realme, were to be governed and directed: He was taken and kept prisoner by the English.aBuchanan l. 9. 10. 11. 12. p. 291. 334. &c. 412. 413. After the death of Robert Bruce, the Scots before their King was crowned, created a Vice-Roy to govern the Realme, who suppressed the theeues, and Robbers: Edward Bayliol sonne to Iohn Bayliol succeding Bruce, was afterwards rejected and deposed by the Scots, for adhereing too closely to the English & K. Edward, and David Bruce elected K. in his place. Robert the 2d. of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly consented there unto, but his Nobles being against it, his assent alone was in vaine; because the King of Scotland alone, can make no firme peace nor truce, nor promise which shall bind, but by publike consent in Parliament. King Robert the 3d. dying of griefe, for the captivity and imprisonment of his Son Iames, taken prisoner by our King Henry the 4th. as he was going into France, the Scots hereupon appointed Robert his uncle, by common consent, for their Vice-roy, till Iames the (first of that name) right heire of the Cowne, were enlarged. Iames being freed and Crowned, summoned a Parliament, wherein an ayde was granted him to pay his ransome, with much difficulty: he had many Civill wars with his Subjects, and at last was murthered by Robert Grame and his confederats, from whom he received 28. wounds in his Chamber in the night, wherof he presently died. Iames the 2. his son, being but 7. yeares old at his death, Alexander Leviston was chosen Protector, and William Crichton made Chancellor by Parliament; Which the Earle Douglas storming at, committed many insolencies in a hostile manner. After which, Alexander and his faction opposing the Chancellor, and commanding that none should obey him, the Chancellor thereupon fortified Edenborough Castle, and as the King was hunting early in the morning seized upon him with a troop of Horse, & brought him to Edinburgh Castle, where he detained him from the Protector till the peace of the Kingdom, and present divisions should be setled: which lasting very long by reason of Earle Douglas his ambition, power, and covetousnes, who raised many grievous civill wars, he was at last stabbed to death by the King himselfe, Anno 1452. contrary to his promise of safe… conduct to the Court, under the Kings and Nobles hands and seales: Wherupon his brethren and Confederats, meeting at Sterling, resolved to revenge his death, and tied the Kings and Nobles writing of safe conduct to an horses taile, which they led through the streets of Sterling, railing at the King and his Councell as they went, and when they came into the market place (where they had 500. trumpets sounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then spoiled and burned the Towne, Country, with all places else that were firme to the King; betweene whom and the kings party, a bloody civill warre (to the spoyle of the Countrey) continued above two yeares space with various successe; till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon: whose sonne Iames the 3. being but 7. yeeres old, was proclaimed king in the Campe, and the Queen Mother made Regent, till a Parliament might be called to settle the government; but when the Parliament assembled, upon thehBuchanan l. 12. p. 417. to 430. 441. to 456. Heylin p. 510. Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government, they Elected 6. Regents to governe the King and Realme during his minority. After which Bodius was made Vice-roy: This king being seduced by ill Courtiers and Councellors which corrupted him, thereupon divers of the Nobles assembling together, resolved to goe to the Court, to demand these ill Councellors and seducers of the King and then to execute them; which they did accordingly, and that with such fury, that when they wanted cords to hang some of them, they made use of their horses bridles, and every one strave who should be forwardest to doe this execution. The king promising reformation, was dismissed; but in steed of reforming he meditated nothing but revenge, blood and slaughter in his minde; and plotting secretly to murther the Nobles in Edenburg, by the helpe of Earle Duglasse; he detesting the fact and revealing the Treachery, thereupon the Nobles who formerly desired onelyonly his reformation, took up Armes to de…roy him, as one incorrigible and implacable; whereupon they made the Kings sonne Vice-roy, and knowing the kings perfidiousnesse, would yeeld to no termes of peace, unlesse he would resigne up his Crown to his son: which he refusing, thereupon they gave him battle and slew him, as a common enemie. After which calling a Parliament, they created his son Iames the fourth king; who comming under the power of the Duglasses, rescued himselfe at last from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favorite, Gene…all, the Scottish Nobility tooke it in such indignation, that they threw downe their weapons and suffered themselves to be taken prisoners; whereupon the king growing sicke with griefe and anger, soone after dyed.iBuch. l. 16. to the end of 20. Holin. Chytr. Chron. Saxon. l. 21. p. 640. 641. 64…. 836. Speed, in the life of Queen Mary, and Queene Elizabeth Cambdens Elizabeth, and others. See Knocks his History of Scotland. Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland, and heire to the Crowne, being within age, her mother Queene Mary, by common consent was made Regent, and shee by common consent and councell of the Nobles, married to Francis Dolphine of France. In the meane time there hapning some troubles and warres about the reformed Religion, which many of the Nobles and people there contended for; the Queene Mother, granting those of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 moneths, she in the meane time sends for Souldiers out of France, wherewith she endeavoured to suppresse Religion, with the remaining liberty of the Scots, and to subject them to the French. Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties, by a common decree in Parliament, deprived the Queene Mother of her Regencie, make a league with our Queene Elizabeth, being of the reformed Religion, and receiving ayde both of men and money from her, besieged the Queene Mother in Edenburgh Castle, where she dyed of griefe and sicknesse. After which they expelled the French, and procured free exercise of the Reformed Religion. In the meane time Francis dying, the Queene sends for Henry Steward out of England, where he and his Father had beene Exiles; marries and proclaime him king, Iuly 29. 1564. which done, she excluded the Nobility from …er Councells, and was wholly advised by David Ritzius, a Suba…dian, whom she brought with her out of France, and did all things by his Councell; wherewith the Nobles being much discontented, finding him supping with the Queene in a little Chamber, commanded him to rise out of the place, which did little become him, and drawing him out of the Chamber, stabbed him to death, Anno. 1565. The Queene soone after was delivered of a sonne and heire, Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her, setting him over all affaires of the Realm, granting nothing to any petitioner almost but by him; and her husband Steward being dead, (whether of a naturall death or poyson is yet in controversie) she married Bothwell openly, without the Lords and Parliaments consents. Hereupon the Nobles tooke up armes against Bothwel and the Queen, bes…eged the Queen till she rendred her selfe prisoner, upon this condition; that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne; which they compelled her to performe, and appointed Iames Earle of Morton Vice-roy, and Protector during the Kings Minority. In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine; where corrupting Duglasse her keeper, the Earle of Mortons Nephew, and a shipmaster, she escaped to the Hamilt…ns in safety, who having raised Forces to free her, waited her comming on the shoare: But the Vice-roy scattering these forces soone after, the Queene thereupon fled into England. Anno. 1568. Where Queene Elizabeth taking her expulsion ill, laboured that she might be restored to the Crowne, which could not be effected, but by Armes, or mediation; and neither of them without knowledge of the cause. Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England, to answere the complaints of their Queene against them; which they did in a writing, (composed by Buchanan, and afterwards Printed both in Latine and English,) wherein they shewed the grounds and order of their proceedings against their Queene; wherewith the Queene and Councell were satisfied, that they had proceeded rightly and orderly: yet to keepe both sides in suspence, she pronounced no definitive sentence: The Vice-roy departing into Scotland, was afterwards murthered by the Hamiltons, and Matthew Steward Earle of Len…ux made Vice-roy in his steed. The Queene in the interim treated with Thomas Howard Duke of Nerthfolke, about a match with him, and to seise upon the Realm of Scotland, whereupon he was committed to the Tower, and she restrained; after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death, &c▪ and for it beheaded at Fotherringham Castle, Feb. 8. 1587▪ The History of which Queenes life is more at large related bygRerum. Scot. Hist. l. 15. 16. 17. 18. 19. 20. Buchanan and others; and her imprisonment and Deposition professedly justified as lawfull by his Treatise, De Iure Regni apud Scotos (compiled for that purpose) to which I shall referre the Reader.
What th… Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes, Liberties, by holding generall Assemblies, Parliaments, taking up armes, seising the Forts and Ammunition of the Realm, and marching into England, against the Kings consent and Proclamations, is so fresh in memory, so fu…ly related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himselfe; and in particular Histories of this Subject, that I shall not spend time to recite particulars, but will rather conclude from all the premises with the words ofrRerum Scot. l. 20. p. 746. 747. Buchanan; The Ancient custome of our Ancestors in punishing their Kings, suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne, to seeme a Novelty; and the moderation of the punishment, shewes it proceeded not from envie: for so many Kings punished with death, bonds, banishment by our Ancestors, voluntarily offer themselves in the ancient Monuments of Histories, that we neede no forraigne examples to confirme our owne act: For the Scottish Nation, seeing it was free from the beginning, created it selfe Kings upon this very Law, that the Empire being conferred on them by the suffrages of the people, if the matter required it, they might take it away againe by the same suffrages; of which law many footsteps have remained even to our age: for in the Islands which lye round about us, and in many places of the Continent, wherein the Ancient language and constitutions have continued, this very custome is yet observed in creating Governours: likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law; out of which it easily appeares, that a Kingdome is nothing else, but the mutuall stipulation betweene the people and their Kings: the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law, preserved from the very beginning of raigning among the Scots even unto our age; when as no man in the meane time hath attempted, not onelyonly not to abrogate this Law, but not so much as to shake it, or in any part to diminish it: Yea, whereas our Ancestors have deprived so many Kings as would bee tedious to name, of their Realme; condemned them to banishment, restrained them in prisons, and finally punished them with death, yet there was never any mention made of abating the rigor of the Law; neither perchance undeservedly, since it is not of that kinde of Lawes which are obno…ious to the changes of times, but of those ingraven in the mindes of men in the first originall of mankinde, and approved by the mutuall consent well-nigh of all Nations, which continue unbroken and sempiternall together with the Nature of things, and being subject to the commands of no man; domineere and rule over all men. This law (which in every action offers it selfe to our eyes and mindes, and dwels in our brests will we, nill we) our Ancestors following, were alwayes armed against violence, and suppressed the unrulinesse of Tyrants. Neither is this Law proper onelyonly to the Scots, but common to all well-ordered Nations and People: as the Athenians, Lacaedemonians, Romanes, Venetians, Germanes, Danes: which he there manifests by examples. So that I may hence infallibly determine, the Realme, Parliament, and Nobles of Scotland, collectively considered, to be the Soveraigne power in that Realme, superiour to the Kings themselves: from whom I shall proceede to Scripture Presidents, in the Kings and Kingdomes of the Gentiles, Israel, and Iudah, recorded in Scripture.